COMMON ORDER:

The Criminal Revision Case has been filed under Sections 397 and 401 CrPC challenging the judgment dated 03.10.2019 in Criminal Appeal No.221 of 2019 on the file of the XI Additional District and Sessions Judge, Chittoor at Piler.

2. 1st respondent herein/complainant filed a complaint against the petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, vide S.T.C.No.20 of 2016 on the file of the Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Piler. The learned Magistrate, vide judgment dated 05.08.2019, found the petitioner/accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, accordingly convicted and sentenced hi to undergo simple imprisonment for a period of six months and to pay a fine of Rs.5,00,000/- in default to suffer simple imprisonment for a period of one month. Challenging the same, the petitioner/accused preferred Criminal Appeal No.221 of 2019 on the file of the XI Additional District and Sessions Judge, Chittoor at Piler, and the appellate Court, vide judgment dated 03.10.2019, dismissed the appeal confirming the conviction and sentence recorded by the trial Court. Challenging the same, the present Criminal Revision Case has been preferred.

3. In the Criminal Revision Case, both the parties filed I.A.No.3 of 2023 seeking to permit them to compromise the case and to record the compromise arrived at, between the parties. The 1st respondent/ complainant filed affidavit in support of the petition, and a Joint Memo, signed by both the parties, is annexed to the petition.

4. It is stated in the Joint Memo that the dispute between the parties was amicably settled in view of the compromise and hence permission was sought to compromise the offences.

5. Today, 1st respondent/complainant is present before this Court. He is identified by his counsel. He produced his Aadhar card in proof of his identity. He reiterated the contents of the Joint Memo and stated that at the instance of elders, he settled the disputes with petitioner/accused and he has no objection to allow the Criminal Revision Case in view of the compromise and to set aside the conviction and sentence recorded against the petitioner/accused. This Court is satisfied with the identification and voluntariness in arriving at the compromise. In view of the same, there is no hindrance to permit the parties to compromise.

6. In the result, the conviction and sentence imposed as against the petitioner/accused of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, vide judgment dated 05.08.2019 in S.T.C.No.20 of 2016 on the file of the Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Piler, as confirmed in the judgment dated 03.10.2019 in Criminal Appeal No.221 of 2019 on the file of the XI Additional District and Sessions Judge, Chittoor at Piler, are set aside. The petitioner/ accused is found not guilty of the said offence and accordingly he is acqutted of the same in terms of Section 320 (8) CrPC. The petitioner/accused shall be released forthwith, if he is not required in any other case.

7. Accordingly, the Criminal Revision Case No.24 of 2023 and I.A. No.3 of 2023 are allowed.

Miscellaneous Petitions, if any, pending in this Criminal Revision Case, shall stand closed.

___________________________________ JUSTICE K. SREENIVASA REDDY

05.01.2023.

DRK THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

COMMON ORDER

in I.A.No.3 of 2023 in/and Criminal Revision Case No.24 of 2023

05.01.2023 DRK